Against the backdrop of an aggressive and deadly immigration crackdown across the country, the Hetrick-Martin Institute (HMI), a non-profit serving LGBTQ youth through direct services, referrals, and advocacy, published a know-your-rights guide to use in the event of an interaction with Immigration and Customs Enforcement (ICE).
A prominent banner on the home page of the non-profit’s website directs visitors to the know-your-rights page, which outlines when ICE can enter its spaces, which warrants are acceptable for entry, and guidance about how state and local law interacts with immigration enforcement. The banner was posted on Jan. 26, just two days after border patrol agents killed intensive care nurse Alex Pretti — the second recent high-profile killing caught on video in Minneapolis. Previously, Renee Good was killed by ICE while her wife was standing nearby.
“We published the guide proactively, not in response to any incident at HMI,” Amy Harclerode, HMI’s CEO, told Gay City News on Jan. 27. “Given the current national climate and the increased visibility of ICE activity in New York City, we felt it was important to provide young people with clear, accurate information about their rights and to help reduce fear and misinformation.”
HMI, which also serves as the host agency for the Harvey Milk High School, notes in its guide that its facilities are “non-public spaces” and stipulates that “strict legal requirements must be met” if ICE does attempt to enter the property, including a warrant signed by a judge and issued within a specific time period, the name of the individual who is being targeted, and which area to search. ICE’s search also must relate to a serious criminal matter, according to HMI.
“At HMI, we are committed to maintaining a safer space for LGBTQIA+ youth,” the page states. “If Immigration and Customs Enforcement (ICE) attempts to enter our space, it is essential that youth, staff, and visitors understand their rights and HMI’s policies.”
HMI’s guide, citing New York City policy, also stipulates that immigration enforcement is not allowed in non-public areas without a judicial warrant, schools and youth programs are protected locations, youth are entitled to privacy and due process, and access to education and youth services is not a condition of immigration status. The page also says HMI may deny entry if it is presented with an administrative warrant instead of a judicial one.
Even when presented with a judicial warrant, HMI stresses that individuals have the right to contact legal counsel before answering any questions. ICE cannot interfere or disrupt HMI’s mission, programming, or services, and individuals are not required to provide information about themselves or others, according to the guide.
HMI also posted about the know-your-rights campaign on Facebook and Instagram, writing, “We want our youth to feel informed and protected. This page explains your rights and HMI’s policies if immigration enforcement ever attempts to enter our space. You have rights. You deserve safety and dignity. Learn more at hmi.org/ice.”
Individuals who have questions about the policies or need support are encouraged to email HMI at info@hmi.org.
